REQUEST FOR SECURITY ADVISORY OPINION

UNCLAS MADRID 003649

SIPDIS

FOR CA/VO/L/C - ATTN: MONIQUE HOUCK

E.O. 1298: N/A
TAGS: CVIS SP
SUBJECT: REQUEST FOR SECURITY ADVISORY OPINION


1. Post requests an advisory opinion in the case of Ryan Air
pilots applying for C1/D and B1/B2 visas to work in the
United States for a six month period. Over the past year,
Madrid has seen several cases of pilots requesting visas for
six weeks of training, followed by approximately 5 months of
flying, based in airports in the United States. Ryan Air
usually submits letters requesting B1/B2 visas for spouses
and children of the pilots as well, indicating that they are
indeed living in the United States.


2. When Conoff contacted Ryan Air contact C. David Ray, Vice
President of Operations for Ryan Air in Wichita, KS, she was
told that while there was supposedly a training aspect of
these trips to the US, "they actually work from day one,"
based usually in airports in Minneapolis and Milwaukee
flying to the Caribbean. The idea is that they would be in
B1/B2 status while in the United States, and in C1/D status
while flying.


3. Please advise the appropriate visa category for the above
work. With clear work responsibilities and residence in the
United States, even for a limited period of time, these
foreign pilots are providing a constant source of labor for
Ryan Air, without being subject to the restrictions on
foreign labor set by the Immigration and Nationality Act.

ARGYROS